CALVIN COLLEGE
IDIS W-46: The Art and Science of Legal Practice
Instructors: Eric E. Jones, Ph.D.
Randall Vogelzang, J.D.
Joel H. Westra, Ph.D.
Interim 2016
DeVos Center 160, 2:00 p.m. – 5:00 p.m.
COURSE DESCRIPTION
This course offers students an opportunity to learn directly from both scholars and practitioners about the art and
science of legal practice. Students will participate in lectures, discussions, simulations, and other activities, using books,
articles, supplemental readings, and video clips to explore specific aspects of law and legal practice. Through this
process, students will be introduced to basic legal concepts and terms, as well as pertinent research from both the
natural and social sciences, and will develop basic skills in writing and analysis. Students will be required to be active
participants in class discussions, simulations, and activities and will complete several writing assignments.
COURSE REQUIREMENTS
Students are expected to be on time for all class sessions, which begin promptly at 2:00 p.m. On-campus class days
consist of two sessions (of varying lengths) with a break between, while off-campus class days follow a more flexible
schedule. Unexcused absences will not be tolerated; excused absences will require an additional, makeup assignment.
Students must be active and engaged participants in all class sessions. Students will be expected to interact with the
legal practitioners that take part in the course and to participate in class discussions, simulations, and activities.
Students must complete assigned readings and homework assignments before each designated class session.
Homework assignments will be posted online in Moodle and due on the dates notes below. Homework assignments will
be completed in assigned groups of three or four students, posted online in Moodle. Grades will be based on
comprehension, coherence, analytic rigor, usage and style, and conclusion.
REQUIRED TEXTS
The following are required texts for this course and are available for purchase at the bookstore.
Feinman, Jay M. 2014. Law 101: Everything You Need to Know about the American Legal System. Fourth Edition. New
York: Oxford University Press.
Other supplemental readings are available online via a Calvin College internet connection or as handouts.
SCHEDULE
For on-campus class days we will convene in DeVos Center 160, while for off-campus class days we will convene at
the locations noted below.
Part I: Civil Procedure
January 6 – The Litigation Process
[RV]
Reading: Feinman, Jay M. 2014. “The Litigation Process.” In Law 101. Read pages 95–140.
Session A
Course Overview/
Lecture: Litigation, Dispute Resolution, and Social Order
Randall Vogelzang, Esq. (’74)
Session B
Lecture: Litigation: A Brief Introduction
Craig Lubben, Esq. (’78) – Miller, Johnson, Snell & Cummiskey, P.L.C.
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January 7 – Advocacy and Persuasion
[EJ]
Reading: Feinman, Jay M. 2014. “What Happens at Trial?” In Law 101. Reread pages 126–129.
Jones, Eric E. 2015. “ELM Overview.” Manuscript. Available from Moodle.
Session A
Class Exercise/
Lecture: The Social Psychology of Persuasion
Eric Jones, Ph.D.
Session B
Lecture: Effective Persuasion in Litigation
Ross Leisman, Esq. (’84) – Mika Meyers, PLC
January 8 – Digital Forensic Science and Electronic Discovery
[RV]
Reading: Feinman, Jay M. 2014. “How Do the Parties Discover the Facts?” In Law 101. Reread pages 120–124.
Session A
Lecture: The Changing Face of Electronic Discovery
Mark van der Laan, Esq. (’79) – Dykema Gossett PLLC
Session B
Groups: Continue working on HOMEWORK #1
Part II: Criminal Procedure
January 11 – The Criminal Process
[HOMEWORK #1 DUE]
Reading: Feinman, Jay M. 2014. “Criminal Responsibility and Criminal Law” and “Criminal Procedure.” In Law
101. Read pages 255–270, 306–325, and 329–332.
Session A
Lecture: Criminal Procedure and the Role of the Judge
Hon. Kathy L. Hoogstra (’82) – Circuit Judge, Michigan 14th Judicial Circuit
Session B
Groups: Prepare for Jury Selection simulation
January 12 – Jury Selection
[RV]
[EJ]
Reading: Feinman, Jay M. 2014. “What about the Jury (selection)?” In Law 101. Reread pages 131–133.
Session A
Simulation/
Lecture: The Social Psychology of Jury Selection
Eric Jones, Ph.D.
Session B
Lecture: Jury Selection in Legal Practice
Mark Verwys, Esq. (’70) – Plunkett & Cooney, P.C.
January 13 – Jury Deliberation [EJ]
Reading: Feinman, Jay M. 2014. “What about the Jury (deliberation)?” In Law 101. Reread pages 133–137.
Session A
Simulation/
Lecture: The Social Psychology of Jury Deliberation
Eric Jones, Ph.D.
Session B
Class Discussion
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Part III: Constitutional Law [JW]
January 14 [CLASS MEETS DOWNTON AT THE FEDERAL COURTHOUSE, 399 FEDERAL BLDG., 110 MICHIGAN ST. N.W. (#6 BUS: LYON & OTTAWA)]
Reading: Feinman, Jay M. 2014. “Constitutional Law” and “First Freedoms.” In Law 101. Read pages 9–32 and 49–62.
Session A
Presentation: Hon. Robert Jonker (’82) – U.S. District Court for the Western District of Michigan
Session B
Class Discussion
Part IV: Criminal Law
January 15 – Criminal Prosecution, Criminal Defense
[JW]
Reading: Feinman, Jay M. 2014. “Criminal Responsibility and Criminal Law.” In Law 101. Read pages 270–296.
Session A
Panel:
The Practice of Criminal Law
Danielle Walton, Esq. (’91) – Appellate Division, Oakland County Prosecutor’s Office
Curtis Witte, Esq. (’79) – Damon, Ver Merris, Boyko & Witte, P.L.C.
Tom Gezon, Esq. (’71) – Smietanka, Buckleitner, Steffes & Gezon
Session B
Groups: Continue working on HOMEWORK #2
January 18 – Eyewitness Testimony and Police Lineups
[EJ] [HOMEWORK #2 DUE]
Reading: Feinman, Jay M. 2014. “What Evidence Can Be Presented at Trial” In Law 101. Reread pages 129–131.
Session A
Simulation/
Lecture: Eyewitness Testimony and Police Lineups
Eric Jones, Ph.D.
Session B
Class Discussion
January 19 – Credibility and Cross-Examination
[EJ]
Reading: Feinman, Jay M. 2014. “What Happens at Trial” In Law 101. Reread pages 126–129.
Session A
Simulation/
Lecture: Credibility and Lie Detection
Eric Jones, Ph.D.
Session B
Panel:
Credibility and Cross-Examination in Legal Practice
Stanley Stek, Esq. (’74) – Miller, Canfield, Paddock and Stone, P.L.C.
Perrin Rynders, Esq. (’82) – Varnum, Riddering, Schmidt & Howlett, L.L.P.
Part V: Contracts
January 20
[JW]
Reading: Feinman, Jay M. 2014. “Business, Consumers, and Contract Law.” In Law 101. Read pages 181–212.
Session A
Lecture: Contracts in Legal Practice
Charles Ash, Esq. (’95) – Warner, Norcross & Judd LLP
3
Part VI: Property
January 20 (cont’d)
[JW]
Reading: Feinman, Jay M. 2014. “The Law of Property.” In Law 101. Read pages 213–254.
Session B
Panel:
The Law and Practice of Real Property
Dale Rietberg, Esq. (’78) – Varnum, Riddering, Schmidt & Howlett, L.L.P.
Kenneth W. Vermeulen, Esq. (’86) – Barnes and Thornburg, L.L.P.
Part VII: Torts [RV]
January 21 – Personal Injuries and Tort Law
[RV]
Reading: Feinman, Jay M. 2010. “Personal Injuries and Tort Law.” In Law 101. Read pages 141–179.
Session A
Panel:
Tort Law in Legal Practice
Mark Verwys, Esq. (’70) – Plunkett & Cooney, P.C.
Robert Kamp, Esq. (’88) – Auto-Owners Insurance Company
Session B
Groups: Continue working on HOMEWORK #3
January 22 – Bargaining and Tort Law
[JW]
Reading: Feinman, Jay M. 2014. “What Else Happens before Trial?” In Law 101. Reread pages 124–126.
Korobkin, Russell and Joseph Doherty. 2009. Henry Smith v. Electec Corporation (case materials). Available
online from Moodle.
Session A:
Lecture: Negotiation in Litigation and Settlement
Nathaniel Knapper, Esq. (’08) – Michigan Attorney General’s Office
Session B
Simulation: Litigate or Settle?
Joel H. Westra, Ph. D.
January 25 – Natural Science and Tort Law
[RV] [HOMEWORK #3 DUE]
Reading: Feinman, Jay M. 2014. “How Does a Plaintiff Prove that a Defendant Has Been Negligent?” In Law 101.
Reread pages 160–163.
Session A
Lecture: Expert Testimony in Legal Practice
Douglas P. VandenBerge, Esq. (‘82) – Rhodes, McKee P.C.
Part VIII: Conclusion
January 25 (cont’d) – Litigation and the Art of Legal Practice
Session B
Lecture: Legal Practice: Fitting It All Together
Perrin Rynders, Esq. (’82) – Varnum, Riddering, Schmidt & Howlett, L.L.P.
4
January 26 – Alternatives to Litigation
[RV]
Reading: Brauch, Jeffrey A. and Michael P. Schutt. 2002. Practical Procedural Issues.” In Biblical Foundations of
Procedural Law. Read pages 94–112. Available online from Moodle.
Session A
Lecture: Alternative Dispute Resolution
Randall Vogelzang, Esq. (’74) – Calvin College
Jonathan Kok, Esq. (‘97) – Warner, Norcross and Judd L.L.P.
Session B
Class Discussion/
Course Evaluations
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